A coalition of state AGs, copyright holders, artists, and subscription/download services have filed amicus briefs urging SCOTUS review of MGM.

These Cartel members and field soldiers desperately want the Supreme Court to "clarify" or outright reverse the ruling. On the other side, the EFF is arguing that Congress is already wrestling with the issue and so the Court should not review.

Both sides' strategies have risks. The composition of the Court that might review this case (assuming cert is granted) is open. With one Justice already ill and other retirements possibly pending it's not at all clear how a recomposed Court would rule. IP issues are unlikely to loom large at any confirmation hearings, which I expect to turn much more on social issues.

Contrariwise, Congress is still no friend of the public domain and the next session may lead to the production of even more insane legislation than the current proposals. Depending on Congress to review DMCA and possibly try to legislate Betamax doctrine may end up with a much worse regime than we have today.